By:  Berman (Senate Sponsor - Whitmire)                           H.B. No. 3305
	(In the Senate - Received from the House May 12, 2003; 
May 12, 2003, read first time and referred to Committee on Finance; 
May 23, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 12, Nays 0; May 23, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 3305                                   By:  Whitmire


A BILL TO BE ENTITLED

AN ACT


relating to certain surcharges assessed and collected by the Texas 
Alcoholic Beverage Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5.50(b), Alcoholic Beverage Code, is 
amended to read as follows:
	(b)  The commission may not increase or decrease a fee set by 
this code, but if a statute is enacted creating a certificate, 
permit, or license and there is no fee established, the commission 
by rule may set a fee.  The commission by rule shall assess and 
collect annual surcharges from all holders of a certificate, 
permit, or license issued by the commission in addition to any fee 
set by this code.  [The surcharges shall be set at a level so that 
the anticipated total of all fees collected by the commission for a 
fiscal year and all surcharges for a fiscal year are equal to the 
legislative appropriation to the commission for the regulation of 
alcoholic beverages.]  In assessing a surcharge, the commission may 
not overly penalize any segment of the alcoholic beverage industry 
or impose an undue hardship on small businesses.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.



* * * * *